Justice for Birth Injuries: A Guide for NYC Families

Having a child is one of the most exciting events in someone’s life. But medical mistakes can make that joy into a time of the utmost worry. Parents of a newborn injured during labor or delivery are often confronted with a storm of feelings and increasingly urgent medical inquiries. 

Even though some complications are unavoidable, many birth injuries are directly under the provider’s control and result from their negligence. Knowing the difference between the natural cause of a condition and medical malpractice allows families to regain agency in their circumstances. If you think your baby was injured during birth because of a medical mistake, please consult our team about whether you have a case.

Recognizing the Signs of Medical Malpractice

Medical negligence is when a physician, nurse, or hospital fails to provide care to the applicable standard that another qualified and competent individual could have delivered under like circumstances. New York City’s laws require intensive surveillance of the mother and baby throughout the delivery process. 

It is illegal for a provider to respond only when in distress, or not at all, to an impending emergency. As a result, families have to actively seek evidence that the healthcare team failed to take steps that could have prevented injury.  To learn if your provider’s actions were legally sufficient, check our Medical Negligence Lawyer services in New York City.

Common Examples of Avoidable Birth Injuries

These real-life examples illustrate how these particular medical errors can have lasting consequences for newborns. An example is a failing medical team that may not note the umbilical cord is around the neck of their baby. That could lead to suffocation or brain damage due to a lack of oxygen. 

Likewise, if the physician does not perform an immediate emergency C-section when the PTA demonstrates obvious fetal distress, these failures can manifest in catastrophic injuries. 

Each of these cases demonstrates just how a single second’s worth of inattention in the delivery suite can alter a family forever. If your family is dealing with any of these scenarios, contact us to figure out what accountability looks like from here.

Navigating the Financial Side of a Legal Claim

While parents struggle to cover the new, unanticipated medical bills for the treatment of the child. Families fear that the cost of seeking justice will lead to a new burden. The most common medical negligence cases in New York work on a contingency-fee principle. Whereby, if the law firm fails to win a settlement or court award, payment will be due. 

The plan allows families to obtain quality legal representation, which they can afford without paying hourly in cash up front. But to win a case like this, there are extensive investments in expert witnesses. The costs involved in acquiring full hospital records and sending pleadings can increase as the case continues. We encourage you to check Medical Malpractice Lawyer services. Learn how we handle these costs as we fight for the compensation your child deserves.

Moving Toward a Secure Future

A legal settlement cannot erase the trauma of a birth injury, but it can give them what they need to live as full and happy a life as possible. By holding negligent medical providers accountable, we are also raising the standards of care in all NYC hospitals.

It takes patience and a strong will to navigate through the legal system. You don’t need to take these challenges on solo. The right kind of support you seek today will mean that your child remains front and centre for the foreseeable future. Set up a consultation with us. Start the process to make sure your child is taken care of.